Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elston v Commonwealth of Australia [2014] FCA 704 Citation: Elston v Commonwealth of Australia [2014] FCA 704
Appeal from: Elston v Commonwealth of Australia [2014] FCA 291
Parties: DR GUY N ELSTON v COMMONWEALTH OF AUSTRALIA
File number: QUD 155 of 2014
Judge: KATZMANN J
Date of judgment: 1 July 2014
Catchwords: PRACTICE AND PROCEDURE – security for costs application – whether appeal has prospects of success – whether there is a risk that an order for costs will not be satisfied – whether an order for security would be oppressive – whether appellant's impecuniosity arises out of respondent's conduct – whether public interest and other discretionary matters weigh in favour of grant of security
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 56 Federal Court Rules 2011 (Cth) r 36.01(2)(c)
Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Clack v Collins (No 1) [2010] FCA 513 Cowell v Taylor (1885) 31 Ch D 34 Dye v Commonwealth Securities Limited [2012] FCA 992 Elston v Commonwealth (2013) 212 FCR 76 Elston v Commonwealth of Australia [2013] FCA 108 SZJJC v Minister for Immigration and Citizenship [2008] FCA 614 Tait v Bindal People [2002] FCA 322 Trident General Insurance Co Limited v McNiece Bros Proprietary Limited (1997) 165 CLR 107 Wodrow v Commonwealth of Australia (2003) 129 FCR 182
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